General Terms and Conditions with Customer Information

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "T&Cs") of F16R Tech UG (haftungsbeschränkt) (hereinafter referred to as "Provider") apply to all contracts for the provision of services in the area of Software-as-a-Service (hereinafter "SaaS") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the services presented by the Provider on its website. The subject of the contract is the paid provision, limited to the duration of the contract, of software (hereinafter "Software") in digital form via the internet as well as the provision of storage space on the Provider's servers. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or self-employed professional activity.

1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a legally responsible partnership that, when entering into a legal transaction, acts in the exercise of their trade, business, or self-employed professional activity.

1.4 The software may contain links to services provided by third parties. These T&Cs do not apply to such services that are not provided by the Provider but by a third party. This also applies if the services are provided free of charge and/or if their use requires registration with the Provider. For these services, only the terms and conditions used by the third-party provider or the statutory provisions in the relationship between the Customer and the third-party provider shall apply. In this respect, the Provider merely facilitates technical access to these services.

2) Services Provided by the Provider

2.1 The Provider shall make software available to the Customer in digital form via the internet for the duration of the agreed contract term. To this end, the Provider enables the Customer to access the software, which remains on the Provider's server. The scope of functionality and technical specifications of the software are described in more detail in the service description on the Provider's website. The Provider is only obligated to provide the software with the functionalities defined in the service description. In particular, the Provider is not responsible for establishing and maintaining the data connection between the Customer's IT system and the Provider's server.

2.2 The software is updated by the Provider at irregular intervals. Accordingly, the Customer only receives the right to use the software in its current version at any given time. The Customer has no entitlement to the creation of a specific state or version of the software.

2.3 The Provider shall provide the Customer with limited storage space on its servers for use of the software. The extent of the storage space is described in more detail in the service description on the Provider's website.

2.4 The Provider delivers the aforementioned services with an overall availability of 97%.

Availability is calculated based on the time during the contract period allocated to each calendar month, minus maintenance periods. The Provider will, where possible, carry out maintenance during off-peak hours.

2.5 The Provider shall take data protection measures in accordance with the state of the art. However, the Provider is not subject to any duty of safekeeping or custody. The Customer is responsible for adequate data backups.

2.6 Unless otherwise indicated in the service description on the Provider's website, the Provider is not obligated to provide support beyond the contractual maintenance of the software.

3) Changes to Services

3.1 The Provider reserves the right to change the services offered or to offer different services, unless such changes are unreasonable for the Customer.

3.2 The Provider also reserves the right to change the services offered or to offer different services,

insofar as he is obligated to do so due to a change in legal requirements;
insofar as he is complying with a court ruling or an official order directed at him;
insofar as the respective change is necessary to close existing security vulnerabilities;
if the change is solely advantageous for the Customer; or
if the change is purely of a technical or procedural nature and has no significant impact on the Customer.

3.3 Changes that have only an insignificant impact on the Provider's services do not constitute changes to services within the meaning of this section. This particularly applies to purely graphical changes and the mere rearrangement of functions.

4) Conclusion of Contract

4.1 The services described on the Provider's website do not constitute binding offers on the part of the Provider, but are intended for the Customer to submit a binding offer.

4.2 The Customer can submit an offer via the online order form provided on the Provider's website. By entering their personal data and clicking the button that concludes the ordering process, the Customer submits a legally binding offer to enter into a contract for the selected services.

4.3 The Provider may accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive; or
by requesting payment from the Customer after the order has been placed.

If several of the above alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the submission. If the Provider does not accept the Customer's offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

4.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after the contract has been concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after their order has been submitted. Beyond this, the contract text is not made accessible by the Provider. If the Customer created a user account for the Provider's website before submitting their order, the order data is archived on the Provider's website and can be accessed free of charge by the Customer via their password-protected user account using the relevant login data.

4.5 Before submitting a binding order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors can be the browser's zoom function, which enlarges the depiction on the screen. During the electronic order process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

4.6 The contract language is German. A supportive English translation could be available.

4.7 Order processing and communication usually take place via email and automated systems. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Provider or third parties commissioned by the Provider for order processing can be delivered.

5) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal policy.

6) Granting of Usage Rights by the Provider

The Provider holds all usage rights necessary for the provision of the software. Unless otherwise stated in the service description on the Provider's website, the Provider grants the Customer a non-exclusive, non-transferable right, limited to the duration of the contract, to use the software for private as well as business purposes within the scope of these Terms and Conditions. Any use of the software beyond this is not permitted.

7) Granting of Usage Rights by the Customer

The Provider is entitled to use content and information made available to him by the Customer within the framework of the contractual obligations, provided such use is necessary for the proper performance of services. The Customer grants the Provider, free of charge, non-exclusive usage rights limited to the duration of the contract, as necessary for this purpose—particularly the rights to permanently retain and store, reproduce, and edit the content. The Customer assures that they are authorized to grant such rights.

8) Customer Obligations

8.1 The Customer is responsible for ensuring that the hardware and software they use—including workstation computers, routers, data communication tools, etc. — meet the technical minimum requirements for using the currently offered version of the software.

8.2 The Customer is obligated to protect and store the access credentials provided to them against third-party access in accordance with the state of the art. The Customer must ensure that usage occurs only within the contractually agreed scope. Unauthorized third-party access must be reported to the Provider without delay.

8.3 The Customer may not store data on the provided storage space that violates applicable law, official regulations or orders, third-party rights, or agreements with third parties.

8.4 The content stored by the Customer on their designated storage space may be subject to data protection laws. The Customer is solely responsible for verifying whether the use of personal data by them complies with data protection requirements.

8.5 The Customer is solely responsible for performing regular and appropriate data backups.

8.6 The Customer is obligated to check their data and information for viruses or other harmful components before input and to use up-to-date protective measures (e.g., antivirus software).

8.7 The Customer must ensure that any programs, scripts, etc. they install do not endanger the operation of the Provider's server or communication network, or the security and integrity of other data stored on the Provider's servers.

8.8 If programs, scripts, etc. installed by the Customer endanger or impair the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers, the Provider may disable or uninstall such programs or scripts. If necessary to eliminate the threat or impairment, the Provider is also entitled to interrupt the connection of the content stored on the server to the internet. The Provider will inform the Customer of such measures without delay.

9) Moderation and Restriction of Content

9.1 The Provider is generally not obligated to proactively review content posted by Customers for legality or compliance with third-party rights or these Terms and Conditions. However, the Provider reserves the right, in individual cases and on its own initiative, to review Customer content for legality and to take measures in accordance with the following provisions if violations are identified.

9.2 Customers and affected third parties may report allegedly unlawful content to the Provider using the contact information provided in the Provider's legal notice (e.g., via email). The Provider is free to forward the content of such a report to the Customer who posted the reported content. The identity of the reporting person will only be disclosed to the Customer if it is absolutely necessary.

9.3 In the case of reports, and in the context of any reviews initiated by the Provider, a human content review is generally conducted. In individual cases, automated technical review procedures may also be used as a supplement.

9.4 If, based on a report or a review initiated by the Provider, a Customer's content is found to be unlawful, the Provider is entitled, at its reasonable discretion and without prior notice or contact, to take one or more of the following actions:

Issue a warning to the Customer who posted the content,
Temporarily block or permanently delete the affected content,
Temporarily or permanently suspend contractual obligations,
Terminate the contractual relationship (ordinarily or extraordinarily for cause).

9.5 When selecting the measures to be taken, the Provider will observe the principles of proportionality and weigh the interests of the affected Customer against its own interest in the uninterrupted, unimpeded, and secure continuation of its business operations. Criteria considered in the imposition of a measure include:

The expressiveness and significance of the specific content and its potential to infringe or pose a risk,
The frequency of prohibited content published by the Customer,
The ratio of prohibited content posted by the Customer compared to their overall use of services,
If identifiable, the intentions pursued by the Customer in posting the prohibited content,
If identifiable, the existence and degree of fault on the part of the Customer posting the content.

9.6 If Customers frequently submit clearly unfounded reports or complaints, the Provider may suspend processing of such reports and complaints from those Customers for a reasonable period of time after issuing a prior warning.

10) Data Retention and Account Inactivity

We retain user account data only for as long as necessary to provide our services and comply with legal obligations. By using our services, you acknowledge and agree to the following data retention terms:

Inactive Accounts: Accounts that do not have an active paid subscription and show no sign of activity for a continuous period of three (3) months may be deactivated at our discretion.
Data Deletion: If an account remains inactive for fourteen (14) days after deactivation, the account and all associated data (including user content, preferences, and history) will be permanently deleted from our systems.
No Recovery After Deletion: Once deleted, your data cannot be recovered. It is your responsibility to back up any important information before the deletion period elapses.

We reserve the right to modify this policy at any time, and changes will be reflected in this Terms of Service document.

11) Compensation and Payment Terms

11.1 Unless otherwise indicated in the Provider's service description, the prices stated are total prices. No value-added tax (VAT) is charged, as the Provider is exempt from VAT under the small business regulation.

11.2 The available payment methods and payment conditions are communicated to the Customer on the Provider's website.

11.3 If a payment method offered via the payment service "Stripe" is selected, the payment processing will be carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The specific payment methods offered through Stripe are communicated to the Customer on the Provider's website. Stripe may use additional payment services for processing, which may be subject to special payment terms that will be communicated to the Customer separately, if applicable. Further information about Stripe is available online at https://stripe.com.

12) Term and Termination of Contract

12.1 The contract is concluded for an indefinite period and may be terminated by either party at the end of any accounting period.

12.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, it is unreasonable to expect the terminating party to continue the contractual relationship until the agreed end or expiration of a notice period.

12.3 Terminations can be made in writing, in text form (e.g., by email), or electronically using the termination tool ("cancellation button") provided by the Provider on its website.

12.4 Upon termination of the contract, the Customer loses access to their user account. Furthermore, the Provider's obligation to store Customer-uploaded data also ends upon termination.

13) Warranty for Defects

If the Customer acts as a consumer, the statutory provisions on warranty for defects shall apply.

If the Customer acts as a business entity, the statutory provisions on warranty for defects shall apply with the following restrictions.

13.1 The Customer must promptly notify the Provider of any defects, disruptions, or damages that occur.

13.2 Warranty for only minor impairments to the suitability of the service is excluded.

13.3 Liability without fault in accordance with § 536a para. 1 BGB for defects that already existed at the time of contract conclusion is excluded.

13.4 The Customer may only terminate the contract due to the non-provision of contractual use if the Provider has been given sufficient opportunity to remedy the defect and such remedy has failed. A remedy is considered failed only if it is impossible, refused by the Provider, unreasonably delayed, if there are justified doubts about its success, or for other reasons it is unreasonable for the Customer to wait any longer.

14) Liability

14.1 The Provider is liable for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:

14.2 The Provider is fully liable on any legal grounds

in cases of intent or gross negligence,
for intentional or negligent injury to life, body, or health,
due to a guarantee promise, insofar as nothing else is regulated in this regard,
due to mandatory liability, such as under the Product Liability Act.

14.3 If the Provider negligently breaches a material contractual obligation, liability is limited to the typical contractual, foreseeable damage, unless unlimited liability applies according to the above paragraph. Material contractual obligations are duties imposed on the Provider by the contract in order to achieve the contract's purpose, the fulfillment of which enables proper execution of the contract and on which the Customer regularly relies.

14.4 Otherwise, liability of the Provider is excluded.

14.5 The above liability regulations also apply to the liability of the Provider for its vicarious agents and legal representatives.

15) Indemnification

The customer indemnifies the provider against all claims that other customers or third parties assert against the provider due to infringement of their rights resulting from content posted by the customer or other use by the customer. The customer also assumes the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the rights infringement. In the event of claims by third parties, the customer is obliged to provide the provider immediately, truthfully, and completely with all information necessary to examine the claims and to defend against them.

16) Confidentiality

The provider undertakes to maintain confidentiality about all confidential information it becomes aware of in connection with this contract and its execution and not to disclose it to third parties. Confidential information is information marked as confidential or whose confidentiality arises from the circumstances, regardless of whether it was communicated in written, electronic, embodied, or oral form. The obligation of confidentiality does not apply insofar as the provider is legally or based on a final and binding authority or court decision obliged to disclose the confidential information.

17) Changes to the Terms and Conditions (T&Cs)

17.1 The provider reserves the right to change these Terms and Conditions at any time, provided the customer agrees to the changes.

17.2 Furthermore, the provider reserves the right to change these Terms and Conditions without the customer's consent,

insofar as it is obliged to do so due to a change in the legal situation;
insofar as it complies with a court judgment or official decision directed against it;
insofar as it introduces additional, entirely new services, features, or service elements that require a description of services in the Terms and Conditions, unless the existing usage relationship is adversely affected by this;
if the change is solely advantageous to the customer; or
if the change is purely technical or procedural, unless it has significant effects on the customer.

17.3 The provider will inform the customer in a timely and appropriate manner about material changes to these Terms and Conditions. Material changes are those that would significantly disadvantage the customer in the contractual relationship or amount to concluding an entirely new contract. This includes, for example, regulations regarding the nature and scope of the service or regarding contract duration and termination conditions.

17.4 The customer's right to terminate the contract remains unaffected.

18) Applicable Law, Jurisdiction

18.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply. For consumers, this choice of law applies only to the extent that mandatory protections under the law of the country where the consumer has their habitual residence are not withdrawn.

18.2 If the customer acts as a merchant, legal entity under public law, or special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the provider's place of business. If the customer's seat is outside the territory of the Federal Republic of Germany, the provider's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the provider is always entitled to bring action before the court at the customer's seat.

19) Alternative Dispute Resolution

The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

20) Supported and Restricted Countries

Our services are available in many countries; however, due to legal, regulatory, or business constraints, there are specific countries where we do not offer access to our service.

20.1) Supported Countries

We currently support users in the following countries and regions:

Australia (AU)
Austria (AT)
Belgium (BE)
Bulgaria (BG)
Canada (CA)
Croatia (HR)
Cyprus (CY)
Czech Republic (CZ)
Denmark (DK)
Estonia (EE)
Finland (FI)
France (FR)
Germany (DE)
Greece (GR)
Hungary (HU)
Ireland (IE)
Italy (IT)
Latvia (LV)
Lithuania (LT)
Luxembourg (LU)
Malta (MT)
Netherlands (NL)
Poland (PL)
Portugal (PT)
Romania (RO)
Singapore (SG)
Slovakia (SK)
Slovenia (SI)
Spain (ES)
Sweden (SE)
United States (US)
New Zealand (NZ)

20.1) Restricted Countries

Access to our services is currently not available in the following countries or regions, either due to sanctions, trade restrictions, or compliance concerns:

Algeria (DZ)
Belarus (BY)
China (CN)
Cuba (CU)
Ghana (GH)
India (IN)
Iran, Islamic Republic of (IR)
Iraq (IQ)
Kenya (KE)
Korea, Democratic People's Republic of (KP)
Nigeria (NG)
Pakistan (PK)
Russian Federation (RU)
Syrian Arab Republic (SY)

Users located in or accessing the service from a restricted country may experience degraded functionality, limited access, or complete service failure. We do not guarantee the availability, reliability, or compliance of the service in these locations.

Customers who subscribe to a premium plan and reside in a country that is not listed in our supported countries are subject to immediate cancellation of their premium subscription without refund. It is the customer's sole responsibility to verify that their country of residence is supported before subscribing. We are not liable for any loss, disruption, or refund claims resulting from non-compliance with this country policy.

We reserve the right to update the list of supported or restricted countries at any time without prior notice. Users are responsible for ensuring that their use of the service complies with local laws and regulations in their country of residence. Accessing the service from a restricted country may result in account suspension or termination without notice.